Search for: "LANZA v. WAGNER" Results 1 - 2 of 2
Sorted by Relevance | Sort by Date
RSS Subscribe: 20 results | 100 results
22 Dec 2009, 3:26 am by Andrew Lavoott Bluestone
"It was error to dismiss the first cause of action merely because plaintiff is not entitled to the declaration he seeks (see Lanza v Wagner, 11 NY2d 317, 334 [1962], cert denied 371 US 901 [1962]); the proper course is to declare in favor of defendants (see Holliswood Care Ctr. v Whalen, 58 NY2d 1001, 1004 [1983]; Mongelli v Sharp, 140 AD2d 273 [1988]). [read post]